[Federal Register: October 5, 2005 (Volume 70, Number 192)]
[Rules and Regulations]
[Page 57994-57995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc05-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 355
[Docket No. 04-137-1]
Protected Plant Permits
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the endangered species regulations concerning
terrestrial plants by replacing all references to ``general permits''
with references to ``protected plant permits.'' This final rule is
necessary for the regulations to reflect the change in the name of the
permit. We are also updating a mailing address in the regulations and
making other nonsubstantive editorial changes.
EFFECTIVE DATE: October 5, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Gail Jennings, Regulatory Permit
Specialist, Permit Services, PPQ, APHIS, 4700 River Road Unit 133,
Riverdale, MD 20737-1231; (301) 734-7472.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 355, ``Endangered Species Regulations
Concerning Terrestrial Plants'' (referred to below as the regulations),
pertain to the importation, exportation, or reexportation of
terrestrial plants that are listed as endangered or threatened in the
Endangered Species Act (referred to below as the Act). Section 355.11
requires any person wishing to import, export, or reexport plants
listed in the Act to obtain a general permit by following the
application procedure described in that section.
The name of the general permit has been changed to ``protected
plant permit.'' We are amending the regulations to reflect the new
name. As part of that change, we are adding a definition of protected
plant permit that provides the permit's form number and complete name.
This new definition serves the same purpose as footnote 3 in Sec.
355.11, so we are removing that footnote and redesignating the
remaining footnotes in part 355 accordingly.
We are also updating the address to which permit applications are
submitted, adding an Internet address and telephone number that can be
used to obtain a permit application, and correcting a misspelling.
This rule relates to internal agency management. Therefore,
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity
to comment are not required, and this rule may be made effective less
than 30 days after publication in the Federal Register. Further, since
this rule relates to internal agency management, it is exempt from the
provisions of Executive Orders 12866 and 12988. Finally, this action is
not a rule as defined by the Regulatory Flexibility Act, and thus is
exempt from the provisions of that Act.
[[Page 57995]]
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 355
Endangered and threatened species, Exports, Imports, Law
enforcement, Plants (Agriculture), Reporting and recordkeeping
requirements.
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Accordingly, 7 CFR part 355 is amended as follows:
PART 355--ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL
PLANTS
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1. The authority citation for part 355 continues to read as follows:
Authority: 16 U.S.C. 1532, 1538, and 1540; 7 CFR 2.22, 2.80, and
371.3.
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2. Section 355.2 is amended by adding, in alphabetical order, a
definition of protected plant permit to read as follows.
Sec. 355.2 Definitions.
* * * * *
Protected plant permit. PPQ Form 622, ``Protected Plant Permit to
Engage in the Business of Importing, Exporting, or Reexporting
Terrestrial Plants Regulated by 50 CFR 17.12 and 23.23.''
* * * * *
Sec. 355.10 [Amended]
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3. Section 355.10 is amended by removing the word ``general'' and
adding the words ``protected plant'' in its place.
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4. Section 355.11 is amended as follows:
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a. By removing footnote 3 and revising the section heading and the
introductory text of paragraph (b) to read as set forth below.
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b. By removing the word ``general'' and adding in its place the words
``protected plant'' in the following places:
i. Paragraph (a).
ii. Paragraph (b).
iii. Paragraph (c).
iv. Paragraph (d), both times it appears.
v. Paragraph (e), all three times it appears.
vi. Paragraph (h), all three times it appears.
vii. Paragraph (i)(1), first sentence, both times it appears.
viii. Paragraph (i)(2), introductory text, both times it appears.
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c. In paragraph (b)(5), by correcting the word ``similiar'' to read
``similar''.
Sec. 355.11 Protected plant permits.
* * * * *
(b) An application for a protected plant permit shall be submitted
to the Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Permit Services, 4700 River Road Unit 133, Riverdale, MD
20737-1236. The completed application shall include the following
information: \3\
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\3\ Application forms are available on the Internet (http://www.aphis.usda.gov/ppq/permits
), by calling (877) 770-5990, or by
writing to the address in this paragraph. Application forms may also
be obtained from local offices at any of the ports designated in 50
CFR part 24. Telephone numbers and addresses of local offices are
listed in telephone directories.
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* * * * *
Sec. 355.20 [Amended]
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5. In Sec. 355.20, footnote 5 is redesignated as footnote 4.
Sec. 355.22 [Amended]
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5. In Sec. 355.22, footnote 6 is redesignated as footnote 5.
Done in Washington, DC, this 29th day of September 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-19944 Filed 10-4-05; 8:45 am]
BILLING CODE 3410-34-P